Introduction
While the United States of America exemplifies classical 'coming together' federalism rooted in an agreement among sovereign states, India reflects a 'holding together' model constitutionally designated as a 'Union of States' under Article 1. Both systems feature dual polities, but their structural design, degree of centralization, and territorial flexibility differ substantially.
Comparative Dimensions
- Nature of the Union: The US is an 'indestructible union of indestructible states' (Texas v. White, 1869). India is an indestructible union of destructible states, where Parliament can unilaterally alter state boundaries under Article 3. Indian states possess no right to secede.
- Division of Powers: Under the 10th Amendment of the US Constitution, residuary powers remain with the states. In contrast, Article 248 of the Indian Constitution vests residuary powers in the Union Parliament. Additionally, the US Senate provides equal representation to each state, whereas representation in India's Rajya Sabha is allocated on a population basis under the Fourth Schedule.
- Constitutional Amendments: US constitutional amendments under Article V require strict ratification by three-fourths of the states. In India, Article 368 mandates ratification by only half of the state legislatures for federal provisions, while several other provisions require no state ratification at all.
- Emergency Provisions and Centralization: The Indian Constitution provides for Emergency provisions (Articles 352, 356, and 360) that can temporarily convert a federal arrangement into a unitary one. However, the Supreme Court in S.R. Bommai v. Union of India (1994) recognized federalism as an inviolable part of the Basic Structure. The US Constitution contains no equivalent provisions to unilaterally suspend state autonomy.
- Citizenship and Judiciary: The US maintains dual citizenship alongside dual, parallel court systems at state and federal levels. India deliberately established single citizenship and an integrated judicial hierarchy to preserve administrative cohesion and national unity.
Conclusion
Unlike the comparatively rigid US model, Indian federalism is a pragmatic framework designed with centralizing tendencies to ensure national integrity amidst wide socio-cultural diversity. As reaffirmed by landmark judicial rulings on fiscal federalism, such as the 2024 Mineral Area Development Authority case upholding state taxation powers, India's federal framework continues to evolve dynamically.